Award No. 9432 Docket No. CL-11688

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the System Commutes of the Brotherhood that:

1. Carrier violated the rules of the Red Cap Agreement at Minneapolis, Minnesota when it used a junior employe to perform overtime work on August 13, 1958.

2. Emrloye A. C. Eason shall be compensated for two hours and thirty minutes (2' 30") at the penalty rate of pay applicabl.-, to his position for August 13, 1958.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively carrier anii employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involvea herein;

That the dispute was certified to the Third Division of the Adjustment. Board ex parts by the complainant party; and

That hearing thereon was waived by the parties and under date of April 29, 1960, the parties jointly addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

AWARD